TIT. II. CAP. IV. next after the time at which such acknow- PART IV. ledgment, or the last of such acknowledgledgments, if more than one, was given; and when there shall be more than one mortgagor, or more than one person claiming through the mortgagor or mortgagors, such acknowledgment, if given to any of such mortgagors or persons, or his or their agent, shall be as effectual as if the same had been given to all such mortgagors or persons; but where there shall be more than one mortgagee, or more than one person claiming the estate or interest of the mortgagee or mortgagees, such acknowledgment, signed by one or more of such mortgagees or persons, shall be effectual only as against the party or parties signing as aforesaid, and the person or persons claiming any part of the mortgage money or land or rent by, from, or under him or them, and any person or persons entitled to any estate or estates, interest or interests, to take effect after or in defeasance of his or their estate or estates, interest or interests, and shall not operate to give to the mortgagor or mortgagors a right to redeem the mortgage as against the person or persons entitled to any other undivided or divided part of the money or land or rent; and where such of the mortgagees or persons PART IV. aforesaid as shall have given such acknow TIT. II. CAP. IV. ledgment shall be entitled to a divided part of the land or rent comprised in the mortgage, or some estate or interest therein, and not to any ascertained part of the mortgage money, the mortgagor or mortgagors shall be entitled to redeem the same divided part of the land or rent on payment, with interest, of the part of the mortgage money which shall bear the same proportion to the whole of the mortgage money as the value of such divided part of the land or rent shall bear to the value of the whole of the land or rent comprised in the mortgage. 1371. Money charged upon land and legacies to be deemed satisfied at the end of twelve years 8. No action or suit or other proceeding shall be brought to recover any sum of money secured by any mortgage, judgment, or lien, or otherwise charged upon or pay if no interest able out of any land or rent at law or in paid nor ment given in writing in the mean time. acknowledg- equity, or any legacy, but within twelve next after a present right to receive the years same shall have accrued to some person capable of giving a discharge for or release of the same, unless in the meantime some part of the principal money, or some interest thereon, shall have been paid, or some acknowledgment of the right thereto shall have been given in writing signed by the person by whom the same shall be payable, or his agent, to the person entitled thereto, or his agent; and in such case no such action or suit or proceeding shall be brought but within twelve years after such payment or acknowledgment, or the last of such payments or acknowledgments, if more than one, was given. 1372. PART IV. TIT. II. CAP. IV. read with IV. c. 27, of which cer and other parts to be reference to by this Act. 9. From and after the commencement of Act to be this Act all the provisions of the Act passed 3 & 4 Will. in the session of the third and fourth years in parts of the reign of His late Majesty, King Wil- are repealed, liam the Fourth, chapter twenty-seven, ex- read in cept those contained in the several sections alteration thereof next hereinafter mentioned, shall remain in full force, and shall be construed together with this Act, and shall take effect as if the provisions hereinbefore contained were substituted in such Act for the provisions contained in the sections thereof numbered two, five, sixteen, seventeen, twenty-three, twenty-eight, and forty respectively (which several sections, from and after the commencement of this Act, shall be repealed), and as if the term of six years had been mentioned, instead of the term of ten years, in the section of the said Act numbered eighteen, and the period of twelve years had been mentioned in the said section eighteen instead of the period of twenty PART IV. CAP. IV. 7 Will. IV. & 1 Vict. c. 28, to be read with this Act. Time for recovering arrears of interest not to be enlarged by express trusts for raising same. years; and the provisions of the Act passed in the session of the seventh year of the reign of His late Majesty, King William the Fourth, and the first year of the reign of Her present Majesty, chapter twenty-eight, shall remain in full force, and be construed together with this Act, as if the period of twelve years had been therein mentioned instead of the period of twenty years. 1373. 10. After the commencement of this Act charges and no action, suit, or other proceeding shall be brought to recover any sum of money or legacy charged upon or payable out of any land or rent, at law or in equity, and secured by an express trust, or to recover any arrears of rent or of interest in respect of any sum of money or legacy so charged or payable and so secured, or any damages in respect of such arrears, except within the time within which the same would be recoverable if there were not any such trust. 1374. Short title. Commencement of Act. 11. This Act may be cited as the "Real Property Limitation Act, 1874." 1375. 12. This Act shall commence and come into operation on the first day of January, one thousand eight hundred and seventynine. 1376. TITLE III. OF THE LEADING PRINCIPLES AND RULES OF EVIDENCE BY WHICH THE COURTS OF COMMON LAW ARE REGULATED, IN CIVIL TIT. III. Direct and indirect evidence. EVIDENCE is either direct or indirect. Direct PART IV. evidence is that which directly proves a fact, by witnesses, things, or documents. Indirect or circumstantial evidence is that which only indirectly proves a fact, by way of inference; and it is either conclusive or presumptive, according as the fact to be proved is a necessary consequence, or is only a matter of probable inference. (Best, 24-5, 388; Powell, 48.) 1378. A fact is admissible as evidence, though it merely tends to raise an antecedent pro (a) In addition to the philosophic and highly instructive elementary treatise of Mr. Best, the compendious and able treatise of Mr. Powell, and the elaborate practical work of Mr. Roscoe on "Evidence at Nisi Prius," on which this concise statement of the leading principles of the Law of Evidence is founded, the reader is referred generally to the learned works of Mr. Phillips, Mr. Starkie, Judge Pitt Taylor, and others, on the same subject. |